Anderson v. Lincoln Constr. Co., 144 S.E.2d 272 (N.C. 1965). · Go Syfert
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Anderson v. Lincoln Constr. Co., 144 S.E.2d 272 (N.C. 1965). Cases Citing This Book View Copy Cite
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cited 8× by 3 distinct cases · …the commission is the sole judge of the credibility of the witnesses and the weight to be given their testimony.
cited 4× by 2 distinct cases · …the commission is the sole judge of the credibility of the witnesses and weight to be given their testimony.
641 citation events (517 in the last 25 years) across 3 distinct courts.
Strongest positive: Sprouse v. Mary B. Turner Trucking Co. LLC (ncctapp, 2022-01-18)
Treatment trajectory · 1968 → 2026 · click a year to view as-of
1968 1997 2026
Top citers, strongest first. 50 distinct citers.
examined Cited as authority (verbatim quote) Sprouse v. Mary B. Turner Trucking Co. LLC (2×) also: Cited as authority (quoted)
N.C. Ct. App. · 2022 · quote attribution · 2 verbatim quotes · confidence high
the commission is the sole judge of the credibility of the witnesses and weight to be given their testimony.
examined Cited as authority (verbatim quote) Sprouse v. Mary B. Turner Trucking Co. LLC (2×) also: Cited as authority (quoted)
N.C. Ct. App. · 2022 · quote attribution · 2 verbatim quotes · confidence high
the commission is the sole judge of the credibility of the witnesses and weight to be given their testimony.
examined Cited as authority (verbatim quote) Richardson v. Maxim Healthcare/Allegis Group (6×) also: Cited as authority (quoted), Cited as authority (rule)
N.C. Ct. App. · 2008 · quote attribution · 4 verbatim quotes · confidence high
the commission is the sole judge of the credibility of the witnesses and the weight to be given their testimony.
examined Cited as authority (verbatim quote) Cash v. Lincare Holdings (2×) also: Cited as authority (quoted)
N.C. Ct. App. · 2007 · quote attribution · 2 verbatim quotes · confidence high
the commission is the sole judge of the credibility of the witnesses and the weight to be given their testimony.
examined Cited as authority (quoted) Richardson v. MAXIM HEALTHCARE/ALLEGIS (2×)
N.C. Ct. App. · 2007 · quote attribution · 2 verbatim quotes · confidence low
the commission is the sole judge of the credibility of the witnesses and the weight to be given their testimony.
discussed Cited as authority (rule) Sprouse v. Turner Trucking Company (2×) also: Cited "see"
N.C. · 2023 · confidence medium
The court’s duty goes no further than to determine whether the record contains any evidence tending to support the finding.” Id. at 434 (emphasis added); see also N.C.G.S. § 97-86 (2021) (“The award of the Industrial Commission . . . shall be conclusive and binding as to all questions of fact. . . .”).
cited Cited as authority (rule) Brewer v. Rent-A-Ctr.
N.C. Ct. App. · 2023 · confidence medium
Co., 265 N.C. 431, 433-34 , 144 S.E.2d 272, 274 (1965).
discussed Cited as authority (rule) Cunningham v. Goodyear Tire & Rubber Co.
N.C. · 2022 · confidence medium
The court’s duty goes no further than to determine whether the record contains any evidence tending to support the finding.’ ” Adams v. AVX Corp., 349 N.C. 676, 681 (1998) (quoting Anderson v. Lincoln Const. Co., 265 N.C. 431, 434 (1965)).
discussed Cited as authority (rule) Cunningham v. Goodyear Tire & Rubber Co.
N.C. · 2022 · confidence medium
The court’s duty goes no further than to determine whether the record contains any evidence tending to support the finding.’ ” Adams v. AVX Corp., 349 N.C. 676, 681 (1998) (quoting Anderson v. Lincoln Const. Co., 265 N.C. 431, 434 (1965)).
cited Cited as authority (rule) Griffin v. Absolute Fire Control
N.C. Ct. App. · 2020 · confidence medium
Co., 265 N.C. 431, 433-34 , 144 S.E.2d 272, 274 (1965).
cited Cited as authority (rule) Griffin v. Absolute Fire Control
N.C. Ct. App. · 2020 · confidence medium
Co., 265 N.C. 431, 433-34 , 144 S.E.2d 272, 274 (1965).
cited Cited as authority (rule) Taylor v. Carolina Healthcare Sys.
N.C. Ct. App. · 2015 · confidence medium
Co., 265 N.C. 431, 434 , 144 S.E.2d 272, 274 (1965)).
cited Cited as authority (rule) Wyatt v. Haldex Hydraulics
N.C. Ct. App. · 2014 · confidence medium
Co., 265 N.C. 431, 434 , 144 S.E.2d 272, 274 (1965) (citation omitted).
cited Cited as authority (rule) Harrison v. Gemma Power Sys., LLC
N.C. Ct. App. · 2014 · confidence medium
Co., 265 N.C. 431, 434 , 144 S.E.2d 272, 274 (1965)).
cited Cited as authority (rule) Skoff v. US Airways, Inc.
N.C. Ct. App. · 2014 · confidence medium
Co., 265 N.C. 431, 434 , 144 S.E.2d 272, 274 (1965)).
cited Cited as authority (rule) Paredones v. Wrenn Bros.
N.C. Ct. App. · 2014 · confidence medium
Co., 265 N.C. 431, 434 , 144 S.E.2d 272, 274 (1965)).
cited Cited as authority (rule) Smith v. Am. Nat'l Ins. Co.
N.C. Ct. App. · 2014 · confidence medium
Co., 265 N.C. 431, 434 , 144 S.E.2d 272, 274 (1965)).
cited Cited as authority (rule) Norris v. Wal-Mart Assocs., Inc.
N.C. Ct. App. · 2014 · confidence medium
Co., 265 N.C. 431, 434 , 144 S.E.2d 272, 274 (1965)).
cited Cited as authority (rule) Tatum v. Cumberland Cnty. Sch.
N.C. Ct. App. · 2014 · confidence medium
Co., 265 N.C. 431, 434 , 144 S.E.2d 272, 274 (1965)), reh’g denied, 350 N.C. 108 , 532 S.E.2d 522 (1999).
cited Cited as authority (rule) Rolan v. N.C. Department of Agriculture & Consumer Services
N.C. Ct. App. · 2014 · confidence medium
Co., 265 N.C. 431, 433-34 , 144 S.E.2d 272, 274 (1965).
discussed Cited as authority (rule) Venable v. Lowe's Home Ctrs., Inc.
N.C. Ct. App. · 2014 · confidence medium
This ‘court’s duty goes no further than to determine whether the record contains any evidence tending to support the finding.’” Richardson v. Maxim Healthcare/Allegis Grp., 362 N.C. 657, 660 , 669 S.E.2d 582, 584 (2008) (citing Deese v. Champion Int’l Corp., 352 N.C. 109 , 530 S.E.2d 549 (2000), quoting Anderson v. Construction Co., 265 N.C. 431 , 433- 34, 144 S.E.2d 272, 274 (1965), and citing Adams v. AVX Corp., 349 N.C. 676, 681-82 , 509 S.E.2d 411, 414 (1998), rehearing denied, 350 N.C. 108 , 532 S.E.2d 522 (1999)).
cited Cited as authority (rule) File v. Norandal USA, Inc.
N.C. Ct. App. · 2014 · confidence medium
Co., 265 N.C. 431, 434 , 144 S.E.2d 272, 274 (1965)).
cited Cited as authority (rule) Yerby v. North Carolina Department of Public Safety/Division of Juvenile Justice
N.C. Ct. App. · 2014 · confidence medium
Co., 265 N.C. 431, 434 , 144 S.E.2d 272, 274 (1965)).
cited Cited as authority (rule) Bethea v. US Airways, Inc.
N.C. Ct. App. · 2014 · confidence medium
Co., 265 N.C. 431, 434 , 144 S.E.2d 272, 274 (1965)).
cited Cited as authority (rule) Veneris v. Domtar Paper Co., LLC
N.C. Ct. App. · 2014 · confidence medium
Co., 265 N.C. 431, 434 , 144 S.E.2d 272, 274 (1965)).
cited Cited as authority (rule) Wise v. Alcoa, Inc.
N.C. Ct. App. · 2013 · confidence medium
Co., 265 N.C. 431, 433-34 , 144 S.E.2d 272, 274 (1965).
cited Cited as authority (rule) Mills v. Triangle Yellow Transit
N.C. Ct. App. · 2013 · confidence medium
Co., 265 N.C. 431, 434 , 144 S.E.2d 272, 274 (1965)).
cited Cited as authority (rule) Chaffins v. Tar Heel Capital Corp.
N.C. Ct. App. · 2013 · confidence medium
Co., 265 N.C. 431, 434 , 144 S.E.2d 272, 274 (1965)).
cited Cited as authority (rule) Medlin v. Weaver Cooke Construction, LLC
N.C. Ct. App. · 2013 · confidence medium
Co., 265 N.C. 431, 434 , 144 S.E.2d 272, 274 (1965)).
cited Cited as authority (rule) Powe v. Centerpoint Human Services
N.C. Ct. App. · 2013 · confidence medium
Co., 265 N.C. 431, 433-34 , 144 S.E.2d 272, 274 (1965).
discussed Cited as authority (rule) Bowman v. Cox Toyota Scion
N.C. Ct. App. · 2012 · confidence medium
Under the Workers’ Compensation Act, ‘[t]he Commission is the sole judge of the credibility of the witnesses and the weight to be given their testimony.’ Therefore, on appeal from an award of the Industrial Commission, review is limited to consideration of whether competent evidence supports the Commission’s findings of fact and whether the findings support the Commission’s conclusions of law.” Richardson v. Maxim Healthcare/Allegis Grp., 362 N.C. 657, 660 , 669 S.E.2d 582, 584 (2008) (quoting Anderson v. Construction Co., 265 N.C. 431, 433-34 , 144 S.E.2d 272, 274 (1965), and citi…
discussed Cited as authority (rule) Mintz v. Verizon Wireless (2×)
N.C. Ct. App. · 2012 · confidence medium
Co., 265 N.C. 431, 434 , 144 S.E.2d 272, 274 (1965)).
discussed Cited as authority (rule) Rose v. N.C. Department of Correction
N.C. Ct. App. · 2012 · confidence medium
This ‘[C]ourt’s duty goes no further than to determine whether the record contains any evidence tending to support the finding.’ ” Richardson v. Maxim Healthcare/Allegis Grp., 362 N.C. 657, 660 , 669 S.E.2d 582, 584 (2008) (internal citation omitted) (quoting Anderson v. Lincoln Const. Co., 265 N.C. 431, 434 , 144 S.E.2d 272, 274 (1965)).
discussed Cited as authority (rule) Rawls v. YELLOW ROADWAY CORP. (2×)
N.C. Ct. App. · 2012 · confidence medium
Co., 265 N.C. 431, 434 , 144 S.E.2d 272, 274 (1965)).
cited Cited as authority (rule) Carr v. Department of Health & Human Services
N.C. Ct. App. · 2012 · confidence medium
Co., 265 N.C. 431, 434 , 144 S.E.2d 272, 274 (1965)).
cited Cited as authority (rule) Chandler v. Atlantic Scrap & Processing
N.C. Ct. App. · 2011 · confidence medium
Co., 265 N.C. 431, 434 , 144 S.E.2d 272, 274 (1965)).
cited Cited as authority (rule) Mehaffey v. Burger King
N.C. Ct. App. · 2011 · confidence medium
Co., 265 N.C. 431, 433-34 , 144 S.E.2d 272, 274 (1965).
discussed Cited as authority (rule) Mauldin v. A.C. Corp. (2×)
N.C. Ct. App. · 2011 · confidence medium
It is well settled in matters of worker’s compensation that “[t]he Commission is the sole judge of the credibility of the witnesses and the weight to be given their testimony,” and thus “courts may set aside findings of fact only upon the ground they lack evidentiary support.” Anderson v. Construction Co., 265 N.C. 431, 434 , 144 S.E.2d 272, 274 (1965).
discussed Cited as authority (rule) Wynn v. United Health Services/Two Rivers Health-Trent Campus (2×)
N.C. Ct. App. · 2011 · confidence medium
This ‘court’s duty goes no further than to determine whether the record contains any evidence tending to support the finding.’ ” Richardson v. Maxim Healthcare/Allegis Grp., 362 N.C. 657, 660 , 669 S.E.2d 582, 584 (2008) (citing Deese v. Champion Int’l Corp., 352 N.C. 109, 115 , 530 S.E.2d 549, 552 (2000), and Adams v. AVX Corp., 349 N.C. 676, 681-82 , 509 S.E.2d 411, 414 (1998), and quoting Anderson v. Construction Co., 265 N.C. 431, 433-34 , 144 S.E.2d 272, 274 (1965)). “[Findings of fact which are left unchallenged by the parties on appeal are ‘presumed to be supported by comp…
cited Cited as authority (rule) Lipscomb v. MAYFLOWER VEHICLE SYSTEMS
N.C. Ct. App. · 2011 · confidence medium
Co., 265 N.C. 431, 433-34 , 144 S.E.2d 272, 274 (1965).
discussed Cited as authority (rule) Newnam v. New Hanover Regional Medical Center (2×)
N.C. Ct. App. · 2011 · confidence medium
Co., 265 N.C. 431, 433-34 , 144 S.E.2d 272, 274 (1965).
discussed Cited as authority (rule) Shackleton v. Southern Flooring & Acoustical Co.
N.C. Ct. App. · 2011 · confidence medium
Co., 265 N.C. 431, 433-34 , 144 S.E.2d 272, 274 (1965)). “[F]indings of fact by the Commission may [only] be set aside on appeal when there is a complete lack of competent evidence to support them[.]” Young v. Hickory Bus.
cited Cited as authority (rule) Bell v. HYPE MANUFACTURING, LLC
N.C. Ct. App. · 2011 · confidence medium
Co., 265 N.C. 431, 433-34 , 144 S.E.2d 272, 274 (1965)).
cited Cited as authority (rule) Busque v. Mid-America Apartment Communities
N.C. Ct. App. · 2011 · confidence medium
Co., 265 N.C. 431, 434 , 144 S.E.2d 272, 274 (1965)).
discussed Cited as authority (rule) Huffman v. Moore County
N.C. Ct. App. · 2010 · confidence medium
Adams v. AVX Corp., 349 N.C. 676, 680 , 509 S.E.2d 411, 413 (1998) (stating that “ ‘[t]he Industrial Commission is the sole judge of the credibility of the witnesses and the evidentiary weight to be given their testimony’ ”) (quoting Anderson v. Construction Co., 265 N.C. 431, 433-34 , 144 S.E.2d 272, 274 (1965)).
discussed Cited as authority (rule) Javorsky v. New Hanover Regional Medical Center
N.C. Ct. App. · 2010 · confidence medium
Co., 265 N.C. 431, 433-34 , 144 S.E.2d 272, 274 (1965)). “[Our Supreme] Court has explained that the Commission’s findings of fact ‘are conclusive on appeal when supported by competent evidence, even though there be evidence that would support findings to the contrary.’” Hassell v. Onslow County Bd. of Educ., 362 N.C. 299, 305 , 661 S.E.2d 709, 714 (2008) (citation omitted).
discussed Cited as authority (rule) Davis v. HOSPICE & PALLIATIVE CARE
N.C. Ct. App. · 2010 · confidence medium
When reviewing the Commission’s finding as to disability, we are required to “determine whether the record contains any [competent] evidence tending to support the finding.” Anderson v. Construction Co., 265 N.C. 431, 434 , 144 S.E.2d 272, 274 (1965).
cited Cited as authority (rule) Gregory v. W.A. Brown & Sons
N.C. · 2010 · confidence medium
Co., 265 N.C. 431, 433-34 , 144 S.E.2d 272, 274 (1965) (“The Workmen’s Compensation Act, G.S. 97-86, vests the Industrial Commission with full authority to find essential facts.
cited Cited as authority (rule) Barrett v. ALL PAYMENT SERVICES, INC.
N.C. Ct. App. · 2009 · confidence medium
Co., 265 N.C. 431, 434 , 144 S.E.2d 272, 274 (1965).
cited Cited as authority (rule) Lankford v. DREAMS UNLIMITED, INC.
N.C. Ct. App. · 2009 · confidence medium
Co., 265 N.C. 431, 433-34 , 144 S.E.2d 272, 274 (1965).
JOHN ANDERSON, JR., Employee
v.
LINCOLN CONSTRUCTION COMPANY, Employer, and UNITED STATES CASUALTY COMPANY, Carrier
120.
Supreme Court of North Carolina.
Oct 13, 1965.
144 S.E.2d 272
Hamilton, Hamilton & Phillips by Lather Hamilton for plaintiff appellant. , Marshall & Williams by Lonnie B. Williams for defendant appellees.
HiggiNS.
Cited by 239 opinions  |  Published
2 passages pin-cited by 5 cases
Pinpoint authority: #25,417 of 633,719
Citer courts: Court of Appeals of North Caro… (7)
HiggiNS, J.

The Commission found the claimant had suffered a total temporary disability by accident arising out of and in the course of his employment and awarded compensation upon the basis of the finding. The employer and its compensation carrier challenged the finding and the award upon the sole ground the evidence is insufficient to show causal relationship between the claimant’s accident and his injury. The Superior Court sustained the challenge and reversed the award. The appeal requires this Court to review the evidence and to determine, not what the evidence proves or fails to prove, but to find whether the Commission had before it any competent evidence sufficient to support its findings.

The claimant admitted a history of osteomylitis and an operation therefor about 10 years prior to his accident. Admitting the history, nevertheless, he testified he had worked as a crane operator . for at least five years prior to October 3, 1963. “I haven’t been to a doctor, haven’t been sick a day, haven’t been out of work a day and I have worked an average of 40 to 45 hours a week for the last five years. I haven’t been able to do anything since the accident.” Dr. Gainey, while guarded about what caused the disability, found the claimant entered the hospital the day following the accident, stated he had been in an accident. The doctor found contusions and bruises of the left hip and to less extent of his right hip and of his right lateral chest wall, “and was not able to perform any type of employment.” May we say the Commission did not have before it any competent evidence showing causal connection between the accident and the injury?

The Workmen’s Compensation Act, G.S. 97-86, vests the Industrial Commission with full authority to find essential facts. The Commis[*434] sion is the sole judge of the credibility of the witnesses and the weight to be given their testimony. The courts may set aside findings of fact only upon the ground they lack evidentiary support. Blalock v. Durham, 244 N.C. 208, 92 S.E. 2d 758; Creighton v. Snipes, 227 N.C. 90, 40 S.E. 2d 612. The court does not have the right to weigh the evidence and decide the issue on the basis of its weight. The court’s duty goes no further than to determine whether the record contains any evidence tending to support the finding. Brice v. Salvage Co., 249 N.C. 74, 105 S.E. 2d 439. Of course, where there is no evidence of causal relationship between the accident and injury the claim must be denied. Or, if the disability is due to pre-existing physical injuries, it must be denied. But where the evidence is conflicting, the Commission’s finding of causal connection between the accident and the disability is conclusive. Tucker v. Lowdermilk, 233 N.C. 185, 63 S.E. 2d 109.

' In this case the evidence was sufficient to support the finding. Hence the Superior Court committed error in vacating the award of temporary disability. The Superior Court will remand the cause to the Industrial Commission for further disposition as the law requires.

Reversed.